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John Stirling, brother to Sir Mungo Stirling of Glorat, v Mr William Gordon of Balcomy, Advocate. [1712] Mor 13836 (2 December 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor3213836-077.html Cite as:
[1712] Mor 13836
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[1712] Mor 13836
Subject_1 REMOVING. Subject_2 SECT. III.
Warning, in what Cases necessary. - How to be executed.
John Stirling, brother to Sir Mungo Stirling of Glorat, v. Mr William Gordon of Balcomy, Advocate
Date: 2 December 1712 Case No. No 77.
A precept of warning, held to be duly executed, though the publication thereof, at the parish church door, was some days before the execution against the tenant.
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In a removing, at the instance of John Stirling against Mr William Gordon, the defender alleged, That the execution of the precept of warning was null and informal, in so far as the execution against the defender preceded the publication at the parish church, which was several days after, and act 39. Par. 6. Q. M. requires the precept to be executed against the tenant, and thereafter to be read at the parish church-door; which dilatory defence the Lords repelled, and sustained process, thinking it sufficient that both execution and publication were 40 days before Whitsunday.
